Case Summary
This case involves a petition filed by KUTTIADY EDUCATIONAL TRUST against MARKUSUDHAVATHIL ISLAMI SALARI TRUST regarding a permanent right of way through the contested property. The defendants allege that the building permit obtained by the plaintiffs was irregular and based on misleading information.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition filed by KUTTIADY EDUCATIONAL TRUST was dismissed with costs. The court found that the petition did not adhere to the proper legal formalities and was not supported by sufficient evidence.
Key Reasoning:
The petition was dismissed as it did not comply with the necessary legal requirements and lacked sufficient proof.
The petition was dismissed as it did not comply with the necessary legal requirements and lacked sufficient proof.
Why Defendant Won:
The petition was dismissed as it did not comply with the necessary legal requirements and lacked sufficient proof.
The petition was dismissed as it did not comply with the necessary legal requirements and lacked sufficient proof.
Supporting Evidence
The court is also not sure whether those signatures as per the 2 affidavits belonged to Dr. Moidu and Kunhabdulla. Therefore, on the basis of the discussions the petition is filed without adhering proper formalities prescribed by the law and is not proper.
Judgment Evidence:
Hence, in the light of discussions the petition is only to be dismissed with costs.
Parties Involved
Parties
- Party Role
- Defendant
- Party Name
- KUTTIADY EDUCATIONAL TRUST
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Manager, K.E.T PUBLIC SCHOOL
- Party Role
- Plaintiff
- Party Name
- MARKUSUDHAVATHIL ISLAMI SALARI TRUST
- Relation
- Represented by
Plaintiffs Documents
Building permit, application for regularization dated 06.04.2019
Defendants Documents
Affidavits with standard signatures of Dr. Moidu and Kunhabdulla
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. Subramayian. C
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Anoop
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. M. Previn
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Mini. K. Koyeri
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. Arunkumar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Other
Outcome:
Rejected
Description:
The petition to send the application for regularization for expert opinion was requested.
Evidence:
Therefore, on the basis of the discussions the petition is filed without adhering proper formalities prescribed by the law and is not proper.
Documents & Evidence
Document Type:
Building permit and plan
Submitted By:
Plaintiff
Relevance:
The permit and plan are mentioned in relation to the plaintiff's claim of a right of way.
Reference:
Document Type:
Application for Regularization
Submitted By:
Plaintiff
Relevance:
The application is central to the dispute regarding the regularization of construction.
Reference:
dated 06.04.2019 bearing page Nos. 22 to 25 and 57 onwards
Document Type:
Registered Assignment Deed
Submitted By:
Court
Relevance:
The deed is mentioned for comparison of signatures related to the case.
Reference:
No. 1084/2017
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between KUTTIADY EDUCATIONAL TRUST et al vs MARKUSUDHAVATHIL ISLAMI SALARI TRUST regarding permanent right of way
Case Code Year
Case between KUTTIADY EDUCATIONAL TRUST et al vs MARKUSUDHAVATHIL ISLAMI SALARI TRUST regarding permanent right of way